Getting fired from your job can feel like a punch in the gut. One day you are working, and the next, you are out the door, wondering what went wrong. It is stressful and can leave you feeling lost. But even if you have been let go, you have legal rights that protect you. Knowing these rights can help you stand up for yourself and make informed choices. This article will explain your legal rights under federal, California state, and local laws in Los Angeles if you’ve been fired. Hopefully, this can help you take the right steps in the aftermath.

Find Out Why You Were Fired

The first thing you should do is ask why you were fired. Your employer should tell you the reason clearly. If they don’t, ask for it in writing, like in an email or a termination letter. Having the reason written down gives you proof and helps you figure out if the firing was fair or legal.

In many places, like the United States, employers can fire you for almost any reason under something called “at-will employment.” This means they do not always need a specific cause. But there are limits.

Apply for Unemployment Benefits

If you were fired for reasons that weren’t your fault, like layoffs or not meeting performance goals, you might qualify for unemployment benefits. These are government payments to help you while you look for a new job. In the U.S., each state has its own rules, but you usually cannot get benefits if you were fired for serious misconduct, like stealing or breaking major rules.

Apply for unemployment benefits as soon as you can after being fired. If your employer disagrees with your claim, you might have to attend a hearing to explain your side. Keep records, like your termination letter or work emails, to support your application.

File a Wrongful Termination Claim

Not every firing is legal. There are laws to protect you from being fired for certain reasons. For example, it’s illegal to fire you because of your race, gender, age, religion, disability, or national origin. This is called discrimination, and laws in the U.S. make it illegal.

You also can’t be fired for doing something protected by law, like reporting harassment, unsafe work conditions, or unpaid wages. This is called retaliation. 

For example, if you told HR your boss was bullying you and then got fired soon after, that could be retaliation. It’s also illegal to fire you for taking leave you’re entitled to. If you think your firing was illegal, you can consult a wrongful termination lawyer in Los Angeles to help you file a complaint with a government agency, like the Equal Employment Opportunity Commission (EEOC).  The lawyer can also help you sue your employer for wrongful termination or retaliation. They can also help you negotiate a severance agreement or settlement

Tip: It’s always wise to speak to a good lawyer fast, because there are time limits for filing claims.

Look at Your Employment Contract

If you signed a contract when you started your job, read it carefully after being fired. Some contracts say you can only be fired for specific reasons or that your employer must follow certain steps, like giving you a warning first. If your employer did not follow the contract, you might have a case for wrongful termination.

Even if you don’t have a contract, check your employee handbook or company policies. These sometimes include rules about firing. For example, they might promise a performance review or a chance to fix problems before being let go. If your employer broke these promises, you could challenge the firing.

Get Your Final Paycheck

When you are fired, you’re entitled to any wages you earned but haven’t been paid. This includes your regular hours, overtime, or bonuses you were promised. Some places have laws about when you must get this final paycheck. For example, in some U.S. states, you should get it on your last day or within a few days. Check your local labor laws to know what applies to you. If your employer doesn’t pay what you are owed, you can file a claim with your state’s labor department or a similar agency.

Learn About Severance Pay

Severance pay is extra money some employers give when they fire you, often based on how long you worked for them. There’s no law in many places, like the U.S., that says employers must offer severance pay unless it’s in your contract or company policy. If you’re offered severance, read the agreement carefully. Sometimes, signing it means you agree not to sue your employer, even if you think the firing was unfair. If you’re unsure about the terms, talk to a lawyer before signing anything.

Be Careful About Signing Documents

When you’re fired, your employer might ask you to sign papers, like a severance agreement or a release form. Don’t rush to sign anything. These documents might limit your rights, like your ability to sue for wrongful termination. Take time to read them carefully and consider talking to a lawyer to understand what you are giving up.

Know Your Rights to References

Your employer might be asked to give a reference when you apply for a new job. Some companies only share basic information, like your job title and dates of employment. Others might share more, like your performance. If you think your employer is giving a bad or unfair reference, you might be able to take legal action, especially if it’s false and hurts your chances of getting hired.

Wrapping up

Being fired is never easy, but you have rights that can protect you. However, should you feel like you have been illegally fired, it is easy to take charge of the situation. Check if the reasons given for your termination are illegal, even as you secure your severance pay and unemployment benefits. Knowing your rights gives you the power to move forward, whether that means fighting for justice or starting fresh with a new job. Stay informed, stay strong, and take the steps needed to protect yourself.